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Judgment
23 paragraphs · 404 wordsRajeev Kumar Shrivastava, J
I.A. No. 15212/2021, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.
The applicant has filed this first bail application u/S.438 of Cr.P.C for grant of anticipatory bail.
The applicant apprehends her arrest in connection with Crime No.126/2021 registered at Police Station Maharajpura, District Gwalior (M.P.) in
relation to the offence punishable under Sections 452, 294, 323, 506/34 and 458 of IPC.
It is submitted by learned counsel for the applicant that the applicant is a lady and she has not committed any offence. There is no evidence against
the present applicant, rather there is no ingredient of Section 452 and 458 of IPC thereby committed any lurking house-trespass or house-breaking,
hence prayed for grant of anticipatory bail.
Learned counsel for the State has vehemently opposed the submissions and has prayed for rejection of anticipatory bail.
Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.
The applicant is a lady. Considering the arguments advanced by counsel for the parties, without commenting on merits of the case, the application is
allowed. It is hereby directed that in the event of arrest, the applicant shall be released on anticipatory bail on her furnishing a personal bond of
Rs.50,000/-(Rupees fifty thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer/Investigating Officer.
This order will remain operative subject to compliance of the following conditions by the applicant:-
The applicant will comply with all the terms and conditions of the bond executed by her;
The applicant shall make herself available for interrogation by a police officer as and when required.
She shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.
The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to
dissuade her from disclosing such facts to the Court or to the Police Officer, as the case may be;
The applicant shall not commit an offence similar to the offence of which she is accused;
The applicant will not seek unnecessary adjournments during the trial; and
The applicant will not leave India without previous permission of trial Court/ Investigating Officer, as the case may be.
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